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Report No. 258

A. Preamble

Analysis and comment:

5.1.1 The Preamble of the 2015 Bill is unduly long, and repeats the text of Resolution 58/4 of 31st October, 2003 that was adopted by the UN General Assembly (to which the UNCAC was annexed). This repetition is not necessary. Instead, it will be sufficient to capture India's main obligations under the UNCAC in brief.

5.1.2 Suggested draft: - A Bill to prevent corruption in relation to bribery of foreign public officials and officials of public international organisations and for matters connected therewith or incidental thereto.

Whereas India has signed the United Nations Convention Against Corruption on 9th December, 2005, and ratified the same on 9th May, 2011; And Whereas this Convention expresses concern about the seriousness of problems and threats posed by corruption to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardising sustainable development and the rule of law; and about cases of corruption that involve vast quantities of assets, which may constitute a substantial portion of the resources of States, and that threaten the political stability and sustainable development of those States;

And Whereas in terms of Article 16 of this Convention, each State Party is required to adopt such legislative and other measures, as may be necessary to establish the bribery of foreign public officials and officials of public international organisations, as a criminal offence.

Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations - A Study and Proposed Amendments Back

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